The release of a video game is a major milestone for any development studio. However, once the game is in players’ hands, new bugs and technical issues often surface that were not discovered during development or testing.
This post-release phase can be stressful, especially when expectations around fixes, response times, and responsibilities are unclear. For that reason, publishing agreements usually include clauses on bug fixing, technical support, and service-level agreements (SLAs). These clauses play a key role in managing pressure after launch and preventing disputes when things go inevitably go wrong.
What is the bug fixing clause and service level agreement?
The clause on bug fixing and technical support defines who is responsible for addressing bugs and technical issues, how quickly those issues must be resolved (often based on severity) and who bears the costs involved.
In many publishing agreements, these obligations are laid down in a separate service-level agreement (SLA), which sets out response times, severity classifications, and consequences if deadlines are missed.
Why the bug fixing & technical support clause matters
A buggy game negatively impacts player experience, reviews, and ultimately sales. Both publisher and developer therefore have an interest in resolving issues quickly.
At the same time, not all bugs are equally urgent. Some issues are game-breaking, while others are minor visual or performance glitches. A well-drafted clause acknowledges this difference and sets realistic expectations for how quickly different types of issues must be addressed.
Without such clarity, disagreements may arise over whether a bug is “critical,” whether a response was fast enough, or whether the publisher is entitled to step in and take corrective action.
Example of the bug fixing & technical support clause in a video game publishing agreement
Below is an example of a bug fixing & technical support clause in a video game publishing agreement which we have seen in practice, so that you can recognize a similar clause in your own draft:
“A “Bug” means a reproducible error or unintended event during the Game’s operation under normal conditions, including (a) lack of intended functionality or failure to function properly, (b) a material failure to conform to the GDD, (c) a detriment to Game’s visuals or sounds, (d) typographical or grammatical errors, (e) any deviations from accepted industry standards for normal operation of video games, such as cases where the Game abnormally ceases functioning, produces incorrect or misleading information, or incorrectly interprets information or inputs, or (f) any violation of Platform Owner or Platform requirements.”
“Maintenance and Bug-Fixing. After the Game’s launch, if Publisher or an end-user discovers and reports a Bug, Publisher may, at its option, notify Developer of this Bug and Developer will use its best efforts to provide (a) a software patch that corrects the identified Bug, and (b) a detailed description of the patch to Publisher. Publisher will then use reasonable efforts to make this patch available to all end-users. Developer’s Bug-Fixing and other support responsibilities will last for the following periods of time after any Game version’s initial publication (according to definitions listed on Exhibit C).
Failure. If Developer fails to provide an adequate software patch for a Bug within the response times listed on Exhibit C, Publisher will have the right (a) to perform, or have performed by another, the necessary software patch development, game modifications, or other updates, and (b) to recoup the reasonable cost of these modifications when calculating Net Revenue.”
How to review and negotiate bug fixing & support clauses
Limit obligations to reproducible, properly reported bugs
For a bug to be fixable, must be reproducible and properly reported to the developer. Bug reports should include all relevant information, such as device type, operating system version, and the steps required to reproduce the issue.
It is therefore important that the response timelines only start running once the developer has received sufficient information to actually investigate and resolve the issue. Without this safeguard, developers may be held to deadlines that are impossible to meet.
Use clear severity levels with reasonable response times
A good SLA clearly defines severity levels and links each level to a realistic response time. This avoids disputes over whether a bug counts as “critical” and ensures that both parties have aligned expectations.
Below is an example of how severity levels may be structured in practice:
| Severity Level | Severity Level Definition and Examples | Response Time |
| Fatal (“A” Bug) | Definition: Critical dysfunction which does not allow the Game to function at all, significantly impacts the end user experience, or causes critical security issues. Non-Exhaustive List of Examples: – Inability to launch the GameClient or server software crashes due to an error in the Game. – Inability to collect any money from users/make user purchases, where caused by the Game – Complete or material loss or leakage of User Data or Personal Data, where caused by the Game – Critical security failure caused by the Game – Non-progressions – Corruption of save data or loss of user progress – Significant graphics or performance issues – Significant connectivity or other online issues – Server crash and Game does not load/perform due to errors in server software | Within 1 business day |
| Serious (“B” Bug) | Definition: An error that significantly degrades the overall usability of the Game even though it remains up and running Non-Exhaustive List of Examples: – More rare crashes or freezes in the Game on the client or server side – Severe degradation of client or server performance greatly affecting user gameplay – Errors materially influencing the balance and integrity of the Game – Graphics issues | Within 5 business days |
| Ordinary (“C” Bug) | Definition: Non-Fatal or Non-Serious errors that do not materially degrade overall usability or functionality of the Game or user experience. Non-Exhaustive List of Examples: – Gameplay logic errors within the Game, which have a relatively small influence – Smaller graphics or performance issues – Smaller connectivity or online issues | When possible, but no longer than 30 business days |
Define fair consequences if deadlines are not met
Publishing agreements usually include consequences if bugs are not resolved within the agreed timelines.
In some video game publishing agreements, the publisher is allowed to fix the issue themselves and recoup the associated costs. In others, failure to meet bug-fixing obligations may temporarily affect the developer’s revenue share until the issue is resolved.
Developers should carefully asses whether those consequences are acceptable and proportionate. Particularly for smaller studios, overly harsh consequences can create financial strain during an already challenging post-launch period.
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Before you sign: summary and next steps
Bug fixing and technical support clauses become most relevant once the game is in players’ hands. A balanced clause ensures that only reproducible, properly reported bugs must be addressed, that severity levels and response times are clear, and that consequences for missed deadlines remain reasonable.
Getting this right protects both the quality of the game and the sustainability of the development studio during the post-release phase.
What’s next?
You’ve now reached the end of the substantive clauses in this guide. If you want to quickly look up specific legal terms used throughout these articles, the final chapter contains The Legal Video Game Publishing Dictionary, which explains common terminology in plain language. If you’d like to revisit a specific topic or explore another clause in more detail, you can return to the overview of the Game Developer’s Guide to Publishing Agreements and jump directly to the chapter you need.